LABOUR RELATIONS ACT 2007 vellum - Ministry of Health€¦ · The Labour Relations Act, 2007 1 THE LABOUR RELATIONS ACT, 2007 ARRANGEMENT OF SECTIONS Section ... “Industrial Relations

The Labour Relations Act, 2007

1

THE LABOUR RELATIONS ACT, 2007

ARRANGEMENT OF SECTIONS

Section

PART 1 ― PRELIMINARY 1―Short title.

2―Application.

3―Interpretation.

PART II ― FREEDOM OF ASSOCIATION

4―Employee’s right to freedom of association.

5―Protection of employees.

6―Employer’s right to freedom of association.

7―Protection of employers’ rights

8― rights of trade unions employers’ organisation and federations.

9―Provision may not be varied by agreement.

10―Disputes under Part.

11―Burden of proof.

PART III — ESTABLISHMENT AND REGISTRATION OF TRADE

UNIONS AND EMPLOYER’S ORGANISATIONS

12―Establishing a trade union or employers’ organisation.

13―Application to register a trade union or employers’ organisation.

14―Requirements for registering a trade union.

15―Requirements for registering employers’ organisation.

16―Requirements for registering federation of trade unions.

17―Requirements for registering a Federation of Employers.

18―Application for registration.

19―Registration of trade unions, employers’ organisation or federation.

20―Refusal to register trade union or employers’ organisation, or federation.

21―Effect of registration.

22―Objects in restraint of trade not unlawful.

23―Consequences of failure to register

24―Registered office.

25―Registration of branches.

26―Amalgamation of trade unions, employers’ organisations or federations.

27―Change of name or constitution.

28―Cancellation or suspension of registration.


2

29―Notice of dissolution.

30―Appeals against decision of registrar.

PART IV ― OFFICIALS AND MEMBERS OF TRADE UNIONS

AND EMPLOYERS’ ORGANISATIONS

31―Officials.

32―Membership of minors.

33―Voting members of trade union.

34―Election of officials

35―Notification of officials.

PART V ― PROPERTY, FUNDS AND ACCOUNTS OF TRADE

UNIONS, EMPLOYERS’ ORGANISATION AND

FEDERATIONS

36―Trustees.

37―Property to be vested in trustees.

38―Devolution of property.

39―Application funds.

40―Prohibion of payment of fines or penalties.

41―Injunction to restrain misuse of funds.

42―Treasurer to render accounts.

43―Annual returns.

44―Inspection of accounts and records.

45―Obstructing inspection by Registrar.

46―Power to require detailed accounts.

47―Misuse of money or property of a trade union.

PART VI― TRADE UNION DUES, AGENCY FEES AND

EMPLOYERS’ ORGANZIATION FEES

48―Deduction of trade union dues.

49―Deduction of agency fees from unionisable employees covered by

collective agreements.

50―Generral provisions applicable to deductions.

51―Collection of levies other than trade union dues.

52―Direct payment of trade union dues.

53―Payments by members to employers’ organisations.


3

PART VII― RECOGNITION OF TRADE UNIONS AND

COLLECTIVE AGREEMENTS

54―Recognition of trade union by employer.

55―Election of trade union representatives.

56―Trade union access to employer’s premises.

57―Collective agreements.

58―Alternative dispute resolution.

59―Effect of collective agreements.

60―Registration of collective agreement.

61―Terms and conditions of service in the public sector where there is no

collective bargaining.

PART VIII― DISPUTE RESOLUTION

62―Reporting of trade disputes to the Minister

63―Respondent may file replying statement.

64―Interested party may file statement of interest.

65―Minister to appoint conciliators.

66―Persons appointed to conciliate.

67―Conciliator’s powers to resolve dispute.

68―Dispute resolved after conciliation

69―Dispute unresolved after conciliation.

70―Minister may appoint conciliator in public interest.

71―Committee of inquiry.

72―Exercise of powers of the Minister.

PART IX― ADJUDICATION OF DISPUTES

73―Referral of dispute to Industrial Court.

74―Urgent referrals to Industrial Court.

75―Arbitration Act does not apply.

PART X― STRIKES AND LOCKOUTS

76―Protected strikes and lock-outs.

77―Powers of Industrial Court.


4

78―Prohibited strikes or lock-outs.

79―Strike or lock-out in compliance with this Act.

80―Strike or lock-out not in compliance with this Act.

81―Essential services.

PART XI― MISCELLENOUS PROVISIONS

82―General penalty

83―Regulations

84―Repeal of Cap. 233 and Cap. 234.

SCHEDULES


5

AN ACT of Parliament to consolidate the law relating to

trade unions and trade disputes, to provide for the

registration, regulation, management and

democratisation of trade unions and employers

organisations or federations, to promote sound

labour relations through the protection and

promotion of freedom of association, the

encouragement of effective collective bargaining

and promotion of orderly and expeditious dispute

settlement, conducive to social justice and

economic development and for connected

purposes.

ENACTED by the Parliament of Kenya, as follows―

PART I � PRELIMINARY Short title. 1. This Act may be cited as the Labour Relations

Act, 2007.

Interpretation.

2. In this Act, unless the context otherwise

requires―

“authorised representative” means –

(a) the general secretary of a trade union;

(b) an employer or the chief executive officer of an

employer;

(c) the secretary of a group of employers;

(d) the chief executive or association secretary of an

employers’ organisation; or

(e) any person appointed in writing by an

authorised representative to perform the

functions of the authorised representative.


6

“award” means an award made by the Industrial

Court;

“Board” means the National Labour Board;

“collective agreement” means a written agreement

concerning any terms and conditions of employment

made between a trade union and an employer, group of

employers or organisation of employers;

“Committee of Inquiry” means a Committee of

Inquiry appointed by the Minister to inquire into any matter

relevant to a trade dispute;

“contract of service” means any agreement, whether

oral or in writing, expressed or implied, to employ or to

serve as an employee in return for remuneration, and

includes contract of apprenticeship and indentured

learnership;

“conciliation” means the act or process of

conciliating;

“contract of apprenticeship and learnership” means a

contract of service where there is –

(a) an obligation on the employer to take all

reasonable steps to ensure that the employee is

taught, and acquires the knowledge and skills

of that industry, by means of practical training

received in the cause of the employee’s

training and employment; and

(b) a provision for formal recognition of the fact

that the employee has acquired the knowledge

and skills intended to be acquired where the

employee has done so;

“employee” means a person employed for wages or

a salary and includes an apprentice and an indentured

learner;


7

“employer” means any person, public body, firm,

corporation or company, who or which has entered into a

contract of service to employ any individual, and includes

the agent, foreman, manager or factor of such person,

public body, firm, corporation or company;

“employers’ organisation” means any number of

employers associated together for the purpose, whether by

itself or with other purposes, of regulating relations

between employers and their employees or the trade

unions representing those employees;

“employment matter” means a matter concerning

any terms or conditions of, or affecting, employment;

“executive director” means the head of an

employers’ organisation or employers’ federation;

“executive board” means the body, by whatever

name called, to which the management of the affairs of a

trade union is entrusted, and includes the chairman, the

general secretary and the treasurer of any trade union;

“federation” means a federation of trade unions or

a federation of employers;

“funds of a trade union” includes all funds received for and on behalf of a trade union with the exception of

provident fund dues;

“general-secretary” means the national secretary of

a registered trade union;

“group of employers” means two or more employers

who voluntarily associate together for the purposes of

negotiating with a trade union and who do not form an

employers’ organisation;

“Industrial Relations Charter” means a tripartite

agreement between the Government, the most

representative employers’ organisation, and the most


8

representative employees organisation for the regulation of

labour and industrial relations in Kenya.

“Judge” means a Judge of the Industrial Court;

“lock-out” means the closing of a place of

employment, the suspension of work, or the refusal by an

employer to continue to employ any number of

employees –

(a) for the purpose of compelling any employees

of the employer to accept any demand in

respect of a trade dispute; and

(b) not for the purpose of finally terminating

employment;

“Minister” means the Minister for the time being

responsible for labour matters;

“officer” when used with reference to a trade union

or employers’ organisation, means a person employed by

that trade union or employers’ organisation;

“official” when used with reference to a trade

union or employers’ organisation, means a duly elected

official of a trade union or employers’ organisation

including a member of the executive and a branch

official;

“procedural agreement” means any agreement which sets

out a dispute resolution procedure in that agreement;

“recognition agreement” means an agreement in

writing made between a trade union and an employer,

group of employers or employers’ organisation regulating

the recognition of the trade union as the representative of

the interests of unionisable employees employed by the

employer or by members of an employers’ organisation;

“redundancy” means the loss of employment,


9

occupation, job or career by involuntary means through no

fault of an employee, involving termination of employment

at the initiative of the employer, where the services of an

employee are superfluous and the practice commonly

known as abolition of office, job or occupation and loss of

employment;

“registered employers’ organisation” means an

employers’ organisation registered or deemed to be a

registered employers’ organisation under this Act;

“registered office” means the registered head office

of a trade union;

“registered trade union” means a trade union

registered or deemed to be registered as a trade union

under this Act;

“Registrar” means the Registrar of Trade Unions;

“sector” means an industry or service or part of an

industry or service;

“strike” means the cessation of work by employees

acting in combination, or a concerted refusal or a refusal

under a common understanding of employees to continue

to work for the purpose of compelling their employer or

an employers’ organisation of which their employer is a

member to accede to any demand in respect of a trade

dispute;

“trade dispute” means a dispute or difference, or an

apprehended dispute or difference, between employers and

employees, between employers and trade unions, or

between an employers’ organisation and employees or trade

unions, concerning any employment matter, and includes

disputes regarding the dismissal, suspension or redundancy

of employees, allocation of work or the recognition of a

trade union;

“trade union” means an association of employees


10

Application.

whose principal purpose is to regulate relations between

employees and employers, including any employers’

organisation;

“unionisable employee” in relation to any trade

union means the employees eligible for membership of

that trade union.

3. This Act shall not apply to any person in respect

of his employment or service —

(a) in the armed forces, or in any reserve force

thereof;

(b) in the Kenya Police, the Administrative Police

Force, the Kenya Prisons Service and the

National Youth Service, or in any reserve force

or service thereof.

PART II � FREEDOM OF ASSOCIATION

Employee's right to freedom of

association.

4.(1) Every employee has the right to -

(a) participate in forming a trade union of

federation of trade unions;

(b) join a trade union; or

(c) leave a trade union.

(2) Every member of a trade union has the right,

subject to the constitution of that trade union to -

(a) participate in its lawful activities;

(b) participate in the election of its officials and

representatives;

(c) stand for election and be eligible for

appointment as an officer or official and, if

elected or appointed, to hold office; and


11

(d) stand for election or seek for appointment as a

trade union representative and, if elected or

appointed, to carry out the functions of a trade

union representative in accordance with the

provisions of this Act or a collective agreement.

(3) Every member of a trade union that is a member

of a federation of trade unions has the right, subject to the

constitution of that federation to -


(b) participate in the election of any of its office

bearers or officials, and

(c) stand for election or seek for appointment as an

office bearer or official and, if elected or

appointed, to hold office.

Protection of

employees. 5. (1) No person shall discriminate against an

employee or any person seeking employment for exercising

any right conferred in this Act.

(2) Without limiting the general protection

conferred by sub-section (1), no person shall do,

or threaten to do any of the following -

(a) require an employee or a person seeking

employment not to be or become a

member of a trade union or to give up

membership of a trade union;

(b) prevent an employee or person seeking

employment from exercising any right

conferred by this Act or from

participating in any proceedings

specified in this Act;

(c) dismiss or in any other way prejudice

an employee or a person seeking


12

employment―

(i) because of past, present or

anticipated trade union

membership;

(ii) for participating in the

formation or the lawful

activities of a trade union;

(iii) for exercising any right

conferred by this Act or

participating in any

proceedings specified in this

Act; or

(iv) for failing or refusing to do

something that an employee

may not lawfully permit or

require an employee to do.

(3) No person shall give an advantage, or

promise to give an advantage, to an employee or person

seeking employment in exchange for the person not

exercising any right conferred by this Act or not

participating in any proceedings in terms of this Act:

Provided that nothing in this section shall prevent the

parties to a dispute from concluding an agreement to settle

that dispute. Employer's right to

freedom of

association.

6.(1) Every employer has the right to―

(a) participate in forming an employers’

organisation or a federation of employers

organisation; and

(b) subject to its constitution, join an employers

organisation or a federation of employers’

organisations.


13

(2) Every member of an employers’ organisation

has the right, subject to the constitution of that employers’

organisation to―



bearers or officials; and

(c) stand for election or seek for appointment as an

office bearer or official and, if elected or

appointed, to hold office.

(3) Every employer, whether or not that employer is

a member of an employers’ organisation that is a member of

a federation of employers organisations, has the right,

subject to the constitution of that federation to -



bearers or officials;

(c) stand for election and be eligible for

appointment as an office bearer or official; and

(d) stand for election or seek appointment as an

office bearer and if elected or appointed to hold

office.

(4) An employer that is a juristic person may

exercise the right to stand for election and hold office in an

employer’s organisation or federation of employers

organisation through a representative. Protection of

employers' rights. 7. (1) No person shall discriminate against an

employer for exercising any right conferred by this Act.

(2) Without limiting the general protection conferred

by sub-section (1), no person shall do, or threaten to do any

of the following―


14

(a) require an employer not to be or become a

member of an employers' organisation or to give

up membership of an employer organisation;

(b) prevent an employer from exercising any right

conferred by this Act or from participating in

any proceedings specified in this Act;

(c) in any way prejudice an employer:-

(i) because of past, present or anticipated

employers' organisation membership;

(ii) for participation in the formation of the

lawful activities of an employers'

organisation;

(iii) for exercising any right conferred by this

Act or participation in any proceedings

specified in this Act; or

(iv) failing or refusing to do something that an

employer may not lawfully do.

(3) No person shall give an advantage, or promise to

give an advantage to an employer in exchange for the

employer not exercising any right conferred by this Act or

not participating in any proceedings provided for in this Act:

Provided that, nothing in this section shall prevent the

parties to a dispute from concluding an agreement to settle

that dispute. Rights of trade unions, employers'

organisation and

federations.

8. Every trade union , employers’ organisation or

federation has the right to―

(a) subject to the provisions of this Act-

(i) determine its own constitution and rules;

and


15

(ii) hold elections to elect its officers;

(b) plan and organise its administration and lawful

activities;

(c) participate in forming a federation of trade

unions or a federation of employers

organisations;

(d) join a federation of trade unions or a federation

of employers organisations, subject to its

constitution, and to participate in its lawful

activities; and

(e) affiliate with, and to participate in the affairs of

any international workers organisation or

international employers organisation or the

international labour organisation, and to

contribute or receive financial assistance from

those organisations. Provision may not

be varied by

agreement.

9. A provision in any contract of employment or

collective agreement, whether concluded before or after the

commencement of this Act, that contradicts or limits any

provision of this section is invalid, unless the contractual

provision is expressly permitted by this Act.

Disputes under

Part. 10. If there is a dispute about the interpretation or

application of any provision of this Part, any party to the

dispute may refer the dispute in writing―

(a) to the Minister to appoint a conciliator as

specified in Part VIII; or

(b) if the dispute is not resolved at conciliation, to

the Industrial Court for adjudication. Burden of proof. 11. In any proceedings under this Act―

(a) a party that alleges that a right or protection


16

conferred by this part has been infringed shall

prove the facts of the conduct; and

(b) the party who is alleged to have engaged in

that conduct shall prove that their conduct did

not infringe any provision of this Part.

PART III �ESTABLISHMENT AND REGISTRATION

OF TRADE UNIONS AND EMPLOYERS'

ORGANISATIONS

Establishment of a

trade union or

employers'

organisation.

12.(1) No person shall recruit members for the

purpose of establishing a trade union or employers'

organisation unless that person has obtained a certificate

from the Registrar issued under this section.

(2) An application for the certificate referred to in

subsection (1) shall―

(a) be signed by two persons who are promoting

the establishment of the trade union or

employers' organisation;

(b) specify the name of the proposed trade union

or employers' organisation; and

(c) contain any other prescribed information.

(3) The Registrar shall issue a certificate within

thirty days of receiving an application unless –

(a) the application is defective; or

(b) the name of the proposed trade union or

employers’ organisation is the same as that of

an existing trade union or employers’

organisation or is sufficiently similar so as to

mislead or cause confusion.

(4) A certificate issued under subsection (3) shall

specify that―


17

(a) the promoters may undertake lawful activities in

order to establish a trade union or employers'

organisation; and

(b) an application for the registration of the trade

union or employers' organisation shall be made

to the Registrar within six months of the date of

issue of the certificate.

(5) The Registrar may withdraw a certificate issued

under this section if the Registrar has reason to believe

that―

(a) the certificate was obtained by fraud,

misrepresentation or as a result of a mistake; or

(b) any person has undertaken an unlawful activity,

whether in contravention of this Act or any

other law, on behalf of the proposed trade union

or employers' organisation.

Application to

register a trade

union or

employers' organisation.

13. A trade union or employers’ organisation shall

apply to the Registrar for registration within six months of

receiving a certificate issued under section 12.

Requirements for

registering a trade

union.

14.(1) A trade union may apply for registration if―

(a) the trade union has applied for registration in

accordance with this Act;

(b) the trade union has adopted a constitution that

complies with the requirements of this Act,

including the requirements set out in the First

Schedule;

(c) the trade union has an office and postal address

within Kenya;

(d) no other trade union already registered is-

(i) in the case of a trade union of employers or


18

of employees, sufficiently representative of

the whole or of a substantial proportion of

the interests in respect of which the

applicants seek registration; or

(ii) in the case of an association of trade unions,

sufficiently representative of the whole or a

substantial proportion of the trade unions

eligible for membership thereof:

Provided that the Registrar shall, by notice in the

Gazette and in one national daily newspaper with wide

circulation, notify any registered trade union, federation of

trade unions or employers’ organisation which appear to him

to represent the same interest as the applicants of the receipt

of such application and shall invite the registered trade union

federation of trade unions or employers’ organisation

concerned to submit in writing, within a period to be

specified in the notice, any objections to the registration;

(e) subject to subsection (2), only members in a

sector specified in the constitution qualify for

membership of the trade union;

(f) the name of the trade union is not the same as

that of an existing trade union, or sufficiently

similar so as to mislead or cause confusion;

(g) the decision to register the trade union was

made at a meeting attended by the least fifty

members of the trade union;

(h) the trade union is independent from the control,

either direct or indirect, of any employer or

employers' organisations; and

(i) the trade union’s sole purpose is to pursue the

activities of a trade union.

(2) Notwithstanding the provisions of subsection

(1)(d), the Registrar may register a trade union consisting of

persons working in more than one sector, if the Registrar is

satisfied that the constitution contains suitable provisions to

protect and promote the respective sectoral interests of the


19

employees.

Requirements for

registering

employers'

organisation.

15.(1) An employers' organisation may apply for

registration if ―

(a) the employers' organisation has applied for

registration in accordance with the requirements

of this Act;

(b) the employers' organisation has adopted a

constitution that complies with the requirements

of this Act, including the requirements of the

First Schedule;

(c) the employers' organisation has an office and

postal address within Kenya;

(d) no other employers’ organisation already

registered is-











Gazette and in any one national daily newspaper with wide

circulation, notify any registered trade union federation of

trade unions or employers’ organisation which appears to

him to represent the same interest as the applicants of the

receipt of such application and shall invite the registered

trade union federation of trade unions or employers’

organisation concerned to submit in writing within a period

to be specified in the notice, any objections to the

registration;


20

(e) subject to subsection (2), the constitution of the

employers' organisation specifies that only

employers within a specified sector qualify for

membership;

(f) the name of the employers' organisation is not

the same as that of an existing employers'

organisation or sufficiently similar so ad to

mislead or cause confusion;

(g) the decision to register was taken at a meeting

attended by at least four members;

(h) the employers' organisation is independent from

the control, either directly or indirectly of any

trade union or federation of trade unions;

(i) the employers' organisation's primary purpose is

to conduct the activities of an employer's

organisation.


(1)(c), the Registrar may register an employers' organisation

consisting of employers in more than one sector, if the

Registrar is satisfied that the constitution contains suitable

provision to protect and promote the respective sectoral

interests of employers.

Requirements for registering

federation of trade

unions.

16. The requirements for registration as federation

of trade unions are―

(a) the federation has applied for registration in


(b) the federation has adopted a constitution that

complies with the requirements of this Act;

(c) the federation has an office and postal address

in Kenya;


21

(d) the constitution of the federation specifies that

its members are registered trade unions only;

(e) the federation was established at a meeting

attended by the representatives of at least three

registered trade unions with the mandate of their

respective executive boards;

(f) the name of the federation is not the same as

one of an existing trade union or federation or

sufficiently similar so as to mislead or cause

confusion; and

(g) the federation is independent from the control,

either, directly or indirectly, of any employers'

organisation or federation of employers.

Requirements for registering a

federation of

employers.

17. The requirements for registration of a federation

of employers are―

(a) the federation has applied for registration in


(b) the federation has adopted a constitution that

complies with the requirements of this Act;

(c) the federation has an office and postal address

in Kenya;

(d) the constitution of the federation specifies that

its members are employers or registered

employers’ organisations;

(e) any other trade union already registered is-








22





Gazette and in any one national daily newspaper with wide

circulation, notify any registered trade union, federation of

trade unions or employers’ organisation which appears to

him to represent the same interest as the applicants of the

receipt of such application and shall invite the registered

trade union or federation of trade unions or employers’

organisation concerned to submit, in writing within a period

to be specified in the notice, any objections to the

registration;

(f) the federation was established at a meeting

attended by the representatives of at least three

members;

(g) the name of the federation is not the same as

one of an existing federation of employers or

sufficiently similar so as to mislead or cause

confusion;

(h) it is independent from the control, either directly

or indirectly of any trade union or federation of

trade unions.

Application for

registration. 18.(1) An application to register a trade union,

employers' organisation or federation shall be made to the

Registrar in Form A set out in the Second Schedule,

accompanied by―

(a) the prescribed fee;

(b) a certified copy of the constitution of the trade

union or employers' organisation; and

(c) a certified copy of the attendance register and

minutes of the meeting at which the trade union,

employers' organisation or federation was


23

established.

(2) An application to register a trade union shall be

signed by seven members of the trade union.

(3) The Registrar may―

(a) call for further information for the purposes of

evaluating an application for registration; or

(b) give an applicant for registration an opportunity

to rectify the application within a period

specified by the Registrar.

(4) If the proposed name of a trade union,

employers' organisation or federation is the same or

sufficiently similar to that of an existing organisation so as

to mislead or cause confusion, the Registrar shall –

(a) request the applicant for registration to alter the

name of the trade union or employers'

organisation or federation; or

(b) not register the trade union, employers

organisation or federation until a suitable

alteration has been made. Registration of trade unions,

employers'

organisation or

federation.

19.(1) If the Registrar is satisfied, after consulting

the Board, that a trade union, employers' organisation or

federation that has applied for registration meets the

requirements of the Act, the Registrar shall register that

trade union, employers organisation or federation and

shall―

(a) issue a certificate of registration in Form B set

out in the Second Schedule; and

(b) enter the name and details of the trade union,

employers' organisation or federation in the

appropriate register in Form C set out in the

Second Schedule.


24

(2) A certificate of registration issued under sub-

section (1) is conclusive evidence that the trade union,

employers' organisation or federation has been duly

registered under this Act unless it is proved that the

certificate has been withdrawn or cancelled.

Refusal to register a trade union,

employers'

organisation, or

federation.

20. If the Registrar is not satisfied that a trade union,

employers organisation or federation meets the

requirements for registration and refuses the application for

registration, the Registrar shall advise the trade union,

employers' organisation or federation of the reasons for that

refusal in Form D set out in the Second Schedule. Effect of

registration. 21. A trade union, employers' organisation or

federation shall be registered as a body corporate―

(a) with perpetual succession and a common seal;

(b) with the capacity in its own name to-

(i) sue and be sued; and

(ii)enter into contracts; and

(d) hold, purchase or otherwise acquire and dispose

of movable and immovable property.

Objects in restraint of trade not

unlawful.

22. A registered trade union, employers'

organisation or federation is not an association in restraint of

trade and its objects may not, by reason only that they are

in restraint of trade―

(a) be deemed to be unlawful so as to render any

member of the trade union liable to criminal

prosecution for conspiracy or otherwise; or

(b) be unlawful so as to render void or voidable

any agreement or trust.

Consequences of failure to register.

23.(1) No person shall perform any act in

furtherance of a trade union or employers' organisation

unless that trade union or employers organisation―


25

(a) is registered under this Act; or

(b) an application for its registration is being

considered.


(1), an employers’ organisation or trade union may

undertake activities in order to secure compliance with the

requirements for registration if-

(a) the Registrar has issued a certificate specified

under section 12; and

(b) less than six months have elapsed from the time

the registrar issued a notice as requested under

section 14.

(3) The provisions of this section do not apply to

any activity undertaken for the purpose of -

(a) defending proceedings against a trade union or

employers' organisations; or

(b) dissolving the trade union or employers'

organisation and disposing of its funds in

accordance with its rules.

(4) No person shall act or purport to act as an

officer or official of a trade union or employer’s

organisation that is not registered or has had its

registration cancelled. Registered office.

24.(1) Every trade union, employers’ organisation

or federation shall―

(a) have a physical office and postal address to

which all communication and notices may

be addressed; and

(b) give notice of its physical office and postal

address and of any change of office or address


26

to the Registrar in Form E set out in the

Second Schedule, who shall enter it in the

appropriate register.

(2) No trade union, employers’ organisation or

federation shall―

(a) operate without having a registered physical

office; and

(b) fail to give notice of its office and address or

any change of office or address as required

under subsection (1).

Registration of

branches. 25. (1) A trade union, employers’ organisation or

federation shall apply to the Registrar to register its branches

in Form F set out in the Second Schedule.

(2) An application to register a branch shall―

(a) be made by an authorised representative within

thirty days of the formation of the branch;

(b) specify the name of the branch, its postal

address and the place at which the branch will

meet or conduct its business; and

(c) specify the titles, names, ages, occupation and

place of work of all officials of the branch.

(3) The authorised representative specified under

subsection (2) shall give notice to the Registrar in writing of

the dissolution of any branch of a trade union, employer’s

organisation or federation.

(4) The Registrar―

(a) shall maintain registers reflecting the

branches of trade unions, employers’

organisations and federations; and


27

(b) may request further information before

deciding whether to register a branch or

remove its name from the relevant register.

(5) No person shall act or purport to act as an

official of a branch of a trade union, employer’s

organisation or federation if that branch is not registered or

has had its registration cancelled.

Amalgamation of

trade unions,

employers’

organisations or

federations.

26.(1) A registered trade union, employers’

organisation or federation may amalgamate with one or

more registered trade unions or employers’ organisations,

as the case may be.

(2) An amalgamation of trade unions, employers

organisation or federation may occur without a

dissolution or division of the funds of the amalgamating

trade unions, employers’ organisations or federations.

(3) An amalgamation under this section may only

occur if―

(a) each of the amalgamating trade unions,

employers’ organisations or federations has

conducted a secret ballot in compliance with

any prescribed requirements;

(b) at least fifty percent of the members of each

trade union, employers’ organisation or

federation entitled to vote have voted; and

(c) the number of members who vote in favour of

the proposed amalgamation exceeds by at least

twenty percent the number of members who

vote against the amalgamation.

(4) Notice of a proposal to amalgamate a trade

union, employers’ organisation or federation shall be in

Form G set out in the second Schedule and shall be signed

by the authorized representative of each party to the

amalgamation.


28

(5) If the amalgamated trade union, employers’

organisation or federation proposes to represent members

in more than one sector, the Registrar may only register

the amalgamated trade union, employers’ organisation or

federation if satisfied that the constitution contains suitable

provision to protect and promote the respective sectoral

interests of employees or employers.

(6) Where the amalgamated trade union,

employers’ organisation or federation is registered under

this Act, the Registrar shall―

(a) issue a certificate of amalgamation in

Form H set out in the Second

Schedule;and

(b) remove the amalgamating trade unions or

employers’ organisations from the

relevant register.

(7) The Registrar may not register the

amalgamated trade union, employers’ organisation or

federation if its name is the same or sufficiently similar to

that of an existing union, organisation or federation so as

to be likely to mislead or cause confusion.

(8) Where the Registrar has registered an

amalgamated trade union, employers’ organisation or

federation –

(a) all the assets, rights, obligations and

liabilities of the amalgamating trade unions,

employers’ organisations or federations

devolve upon and invest in the amalgamated


federation; and

(b) the amalgamated trade union, employers’

organisation or federation succeeds the

amalgamating trade union, employers’


29

organisations or federations in respect of―

(i) any right that the amalgamating trade

unions, employers’ organisations or

federations enjoyed;

(ii) any fund established under this Act or

any other law;

(iii) any court proceedings, court order,

arbitration award or collective

agreement or other agreement.

(iv) any written authorization by a member

for the periodic deduction of levies or

subscription due to the amalgamating

organisation; and

(v) any notice by the Minister in respect of

the deduction of trade union

subscriptions as specified in Part VI.

Change of name

or constitution of

trade union

employers, organisation or

federation.

27.(1) A trade union, employers’ organisation or

federation may resolve to―

(a) change or replace its constitution;or

(b) change its name.

(2) A registered trade union, employer’s

organisation or federation may apply to the Registrar to

approve a change of name or an amendment to its

constitution and rules by submitting to the Registrar –

(a) a notice in Form I or Form J as the case may

be set out in the Second Schedule duly

completed and signed by the secretary;

(b) a copy of the resolution containing details of

the change; and


30

(c) a certificate signed by the secretary stating that

the resolution was passed in accordance with

the constitution and rules.

(3) Notice of the change specified in subsection (2)

shall be submitted to the Registrar within fourteen days of

any resolution to change the name or constitution.

(4) Upon receipt of the notice of change of name

or constitution, the Registrar shall give a notice of at least

twenty-one days in the Gazette and in three daily

newspapers of national circulation inviting any objections

to the proposed change of name or constitution by

members of the trade union and where any such objection

is raised, the Registrar shall investigate the complaint and

the grounds relied upon and may-

(a) refer the matter to the Industrial Court;

(b) refuse to accept the proposed amendments; or

(c) make any orders that he may deem fit in the

circumstances.

(5) The Registrar may approve a change of name or

to the constitution if the applicable requirements of

registration of a trade union, employer’s organisation or

federation are met.

(6) The Registrar shall issue a certificate of change

of name or change of the constitution in Form K or Form

L, as the case may be.

(7) Any change of name or change to the

constitution and rules of a registered trade union,

organisation or federation shall take effect when the

registrar approves the change under this section.

(8) A change in the name of a trade union,

employers’ organisation or federation does not –


31

(a) affect any right or obligation of that trade

union, employers’ organisation or federation;

(b) render defective any legal proceedings by or

against it and any proceeding instituted under

the former name may be continued or

commenced by or against it under the new

name.

(9) Where the Registrar refuses to approve a

change under this section, the Registrar shall give written

notice of that decision and the reasons for the refusal. Cancellation or

suspension of

registration.

28.(1) The Registrar shall cancel or suspend the

registration of a trade union, employers’ organisation or

federation if―

(a) the trade union, employers organisation or

federation is dissolved; or

(b) the Registrar is satisfied that the trade union,

employers' organisation or federation has

ceased to exist.

(2) The Registrar may cancel or suspend the

registration of a trade union, employers’ organisation or

federation if the Registrar is satisfied that the trade union,

employers’ organisation or federation―

(a) was registered as a result of fraud,

misrepresentation or mistake;

(b) is operating in contravention of this Act;

(c) is being used for an unlawful purpose;

(d) has failed to conduct elections in accordance

with the requirements of this Act; or

(e) is not independent.


32

(3) The Registrar shall not cancel or suspend

registration of a trade union, employer’s organisation or

federation under subsection (2), unless the Registrar has -

(a) given the trade union, employers' organisation

or federation at least two months notice of his

intention to suspend or cancel its registration in

Form M set out in the Second Schedule ; and

(b) considered any representations made by the


federation within that two month period.

(4) If the Registrar cancels or suspends the registration

of a trade union, employers' organisation or federation, the

Registrar shall-

(a) notify it of that decision in Form N set out in

the Second Schedule ; and

(b) give reasons for the decision.

(5) A trade union, employers’ organisation or

federation may appeal against a decision of the Registrar to

the Industrial Court. Notice of dissolution.

29.(1) When a trade union, employers’

organisation or federation is dissolved, the trade union,

employers’ organisation or federation shall give notice of

the dissolution in Form O set out in the Second Schedule

which –

(a) shall be submitted to the Registrar within

fourteen days of the resolution to dissolve; and

(b) shall be signed –

(i) by authorized representative; and

(ii) by seven members of a trade union or three

members of an employers’ organisation or


33

federation.

(2) The Registrar shall–

(a) issue a certificate of dissolution in Form P

set out in the Second Schedule; and

(b) register the dissolution if satisfied that the

dissolution complies with the applicable

constitution.

(3) The dissolution of a trade union, employer’s

organisation or federation takes effect from the date of its

registration.

Appeals against

decision of

Registrar.

30. Any person aggrieved by a decision of the

Registrar made under this Act may appeal to the Industrial

Court against that decision within thirty days of the decision.

PART IV � OFFICIALS AND MEMBERS OF

TRADE UNIONS AND EMPLOYERS’

ORGANISATION

Officials. 31.(1) The officials of a trade union or employers’

organisation shall be persons who are, or have been,

engaged or employed in the sector for which the trade

union or employers’ organisation is registered.

(2) No person shall be an official of more than one

trade union or employer’s organisation.

(3) An official of a trade union may also be an

official of a federation of trade unions to which the trade

union is affiliated.


(1) –

(a) the general secretary of a trade union or the

chief executive or association secretary of an


34

employers’ organisation may be a person not

engaged or employed in the sector concerned;

(b) a person may be an official of more than one

employer’s organisation; and

(c) the Registrar may, on application by a trade

union or employers’ organisation, permit any

other office to be filled by a person not

engaged or employed in the sector concerned.

(5) No person who has been convicted of a

criminal offence involving fraud or dishonesty shall be an

official of a trade union or employer’s organisation.

Membership of

minors. 32. An employee who has not attained the age of

eighteen years but appears to be above the apparent age of

sixteen years may be a member of―

(a) a trade union and, unless the constitution

provides otherwise, shall enjoy all the rights of

a member; and

(b) shall not be a member the executive or a trustee

of the trade union.

Voting members

of trade union. 33. No person shall be a voting member of –

(a) a trade union unless that person is employed

in the sector for which the trade union is

registered;

(b) an employers’ organisation unless that person

has a physical address or an office in

Kenya; or

(c) a registered trade union or employer’s

organisation if that person’s subscriptions

are more than thirteen weeks in arrears.


35

Election of

officials. 34.(1) The election of officials of a trade union,

employers’ organisation or federation shall be conducted

in accordance with their registered constitutions.

(2) The constitution of a trade union, employers’

organisation or federation shall-

(a) not contain a provision that discriminates

unfairly between incumbents and other

candidates in elections;and

(b) provide for the election, by secret ballot,

of all officials of a trade union at least once

every five years;

(3) Notice of the election of officials under this

section shall be given to the Registrar in the prescribed

form within fourteen days of the completion of the

election.

(4) Disputes arising from, or connected directly or

indirectly to, elections held under this section may be

referred to the Industrial Court.

(5) The Registrar may issue directions to a trade

union, employers’ organisation or federation to ensure

that elections are conducted in accordance with this

section and their respective constitutions.

Notification of

officials.

35.(1) A trade union, employers’ organisation or

federation shall exhibit prominently―

(a) in its registered office, a notice giving the

names of all officials and their titles;

(b) in every branch office the notice specified

in paragraph (a) and in addition, a notice

giving the names and titles of the officials

of the branch.

(2) Notice of any changes of officials or of the


36

title of any officials shall be submitted to the Registrar in

Form Q set out in the Second Schedule, within fourteen

days after the change, together with prescribed fee, and

the Registrar shall register the change, subject to

subsection (4) and subsection (5).

(3) Before registering any change of officials

or correcting any register, the Registrar may require the

production of any relevant evidence of the change.

(4) If, after inquiry, the Registrar is not

satisfied as to the validity of any appointment or the

propriety of any proposed correction, the Registrar may

refuse to register the change of officials or to correct the

register.

(5) No change of officials shall have effect

until it is registered by the Registrar.

(6) No person who is not registered by the

Registrar in accordance with this section shall act or

purport to act as an official of a trade union, employers’

organisation, or federation or of any branch.

PART V � PROPERTY, FUNDS AND ACCOUNTS

OF TRADE UNIONS, EMPLOYERS’

ORGANISATIONS AND FEDERATIONS

Trustees.

36. The constitution of a trade union, employer’s

organisation and federation shall provide―

(a) for the appointment or election of at least

three trustees; and

(b) for the filling of any vacancy in the office of

a trustee to ensure that there are at least three

trustees at all times.

(2) Subject to section 35, any officer, official or

member of a trade union, employers’ organisation or

federation may be a trustee.


37

Cap.164.

(3) No person who has been convicted of a

crime involving fraud or dishonesty shall be a trustee.

(4) Any person appointed as a trustee under

this section shall comply with the duties and

responsibilities of a trustee specified in the Trustees

(Perpetual Succession) Act.

Property to be

vested in trustees. 37.(1) All property, whether movable or

immovable, of a registered trade union, employers’

organisation or federation shall vest in its trustees for the

use and benefit of the trade union, employer’s organisation

or federation and its members.

(2) The Minister may, with the consent of the trade

union, employers’ organisation or federation concerned

and by notice in the Gazette, authorize the transfer of

specified property of that trade union, employer’s

organisation or federation to persons other than its

trustees, or for public purposes, other than the use of the

trade union, employer’s organisation or federation and its

members, which the Minister may prescribe.

Devolution of

property. 38. Upon any change in the office of any trustee,

the property of a registered trade union, employers’

organisation or federation shall vest in the trustees for the

time being of the union for the same estate and interest as

the former trustee or trustees had therein, and subject to

the same trusts, without any transfer, conveyance or

assignment.

Application of

funds. 39. Subject to its rules and the provisions of this

Act, the funds of a trade union, employers’ organisation or

federation may be used only for the following purposes -

(a) the payment of salaries, allowances and

expenses to its officials;

(b) the payment of expenses for the administration

of the trade union, employer’s organisation or

federation including auditing of its accounts;


38

(c) the prosecution or defence of any legal

proceedings to which the trade union,

employers organisation or federation or any

member thereof is a party, when the

prosecution or defence is undertaken for the

purpose of securing or protecting its rights or

the rights of any member in any matter

concerning employment or the application of

any employment law;

(d) the conduct of trade disputes on its behalf or

on behalf of any member thereof;

(e) the compensation of members for loss arising

out of trade disputes;

(f) the payment of allowances to members or their

dependants on account of death, old age,

sickness, accidents or unemployment of those

members;

(g) the payment of subscriptions and fees to any

registered federation to which it is affiliated;

and

(h) subject to any condition determined by the

Minister, any other object which the Minister

may, on application of any trade union,

employers’ organisation or federation, declare

by notice in the Gazette to be an object for

which its funds may be expended.

Prohibition of

payment of fines

or penalties.

40. The funds of a trade union, employers’

organisation or federation shall not be used, either directly

or indirectly, to pay the whole or part of a fine or penalty

imposed upon a person by sentence or order of any court,

except a fine or penalty imposed upon the union or

federation under this Act or its regulations. Injunction to

restrain misuse of

funds.

41.(1) The Industrial Court may grant an

injunction restraining unauthorized or unlawful


39

expenditure of the funds of a trade union, employer’s

organisation or federation on application by the Registrar,

or by five or more persons having a sufficient interest in

the relief sought.

(2) If, when granting an injunction under this

section the Industrial Court cancels the registration of a

trade union, employers’ organisation or federation, the

court may order that the funds of that trade union,

employer’s organisation or federation be paid to the public

trustee for disposal in accordance with the rules of that

trade union, employer’s organisation or federation.

Treasurer to

render accounts. 42.(1) In this section, “official” means the

treasurer of a trade union, employers’ organisation or

federation and every other official responsible for the

accounts of a trade union, employers’ organisation or

federation for collecting, disbursing, keeping in custody or

controlling its funds or moneys.

(2) Every official shall render an accurate account

of all moneys received or paid by the official –

(a) to the trade union, employers’ organisation

or federation and its members –

(i) upon resigning or vacating office;

(ii) at least once in every year at such time

as may be specified by the rules of the

trade union, employer’s organisation or

federation; and

(iii) at any other time required by a

resolution of the members of the trade

union, employers’ organisation or

federation or by its rules.

(b) to the Registrar, when requested by the

Registrar.


40

(3) An account rendered under this section shall

specify –

(a) all amounts received or paid by the official

since assuming office or, if the official has

previously rendered an account, since the

date of the last account;

(b) the balance remaining in the possession of

the official at the time of rendering the

account; and

(c) all bonds, securities or other property of

the trade union, employers’ organisation or

federation entrusted to the custody of, or

under the control of, the official.

(4) An account rendered under this section shall be

in the Form R set out in the Third Schedule.

(5) The account rendered under this section shall

be verified by statutory declaration, and shall be audited

by the holder of a practicing certificate issued pursuant to

section 21 of the Accountants Act.

(6) After the account has been audited, the official

shall, if resigning vacating office or if required by the

trustees to do so, forthwith hand over to the trustees of the

trade union, employer’s organisation or federation any

balance in the official’s possession and all bonds

securities, effects, books, papers and property of the trade

union, employer’s organisation or federation in the

official’s possession or custody or otherwise under the

official’s control.

(7) Any official of a trade union, employer’s

organisation or federation or any person who -

(a) neglects or fails to comply with any of the

provisions of this section or;

Cap. 531.


41

(b) willfully makes, orders, causes or procures to

be made any false entry in or omission from an

account rendered in terms of this section,

commits an offence.

Annual returns.

43.(1) The authorised representative of a registered

trade union, employers’ organisation, or federation shall

furnish annually by a prescribed date to the Registrar a

general statement of all receipts and expenditure during

the year ending 31st December of the preceding year

including –

(a) all sums of money received by way of

donations or grants from any local or overseas

sources;

(b) a list of assistance received from any sources;

and

(c) a list of the assets and liabilities of the trade

union as at 31st December.

(2) The statement specified under subsection (1)

shall be accompanied by a copy of the auditor’s report and

shall be prepared in such form and contain such particulars

as may be prescribed.

(3) The authorised representative referred to in

subsection (1) shall simultaneously furnish to the

Registrar–

(a) an inventory of the trade union or

organisation’s assets;

(b) a copy of the rules in force, including all

alterations and amendments to the rules, and

of all new rules; and

(c) a list of all changes of officials during the

preceding year.


42

(4) Every member of a trade union, employers’

organisation or federation is entitled to receive, free of

charge on request, a copy of the general statement referred

to in subsection (1).

(5) An authorised representative of any trade union or

employers’ organisation who -

(a) fails to comply with any of the requirements of

this section;

(b) willfully makes or orders, causes or procures

to be made a false entry in or omission from a

general statement, copy or list delivered to the

Registrar in terms of this section.

commits an offence

Inspection of

accounts and

records.

44. The accounts of a trade union, employers’

organisation or federation and a list of its members shall

be open to inspection by –

(a) an official or member of a trade union,

employer’s organisation or federation at such

times as may be specified in its constitution;

and

(b) by the Registrar, or any person authorized in

writing by the Registrar, at any reasonable

time.

Obstructing

inspection by

Registrar.

45. A person who obstructs or impedes the

Registrar, or any person authorized by the Registrar, from

inspecting the accounts of a trade union, employers’

organisation or federation or the list of its members

commits an offence.

Power to require

detailed accounts. 46.(1) The Registrar may, at any time, call upon

the treasurer, the executive or management board by

whatever name called, or any other official of a trade

union or employers’ organisation to render detailed


43

accounts of its funds or the funds of any branch for any

period, in the manner and containing such information as

the Registrar may require.

(2) A person who fails to comply with a request

made by the Registrar under subsection (1) commits an

offence

Misuse of money

or property of a trade union.

47.(1) The Industrial Court may –

(a) order any person who has in his possession or

control any property of a trade union,

employers’ organisation or federation in

violation of its rules or who has unlawfully

expended or withheld its moneys, to deliver

that property or pay that money to its trustees;

and

(b) suspend any official who contravenes

paragraph (a).

(2) A complaint under this section shall be brought

by –

(a) the Registrar; or

(b) a member of a trade union, employer’s

organisation or federation at the time of

bringing the complaint of the trade union or

employers’ organisation concerned.

PART VI � TRADE UNION DUES, AGENCY FEES

AND EMPLOYERS’ ORGANISATION FEES

Deduction of

trade union dues. 48.(1) In this Part, “trade union dues” means a regular

subscription required to be paid to a trade union by a

member of the trade union as a condition of membership.

(2) A trade union may, in the prescribed form, request

the Minister to issue an order directing an employer of

more than five employees belonging to the union to―


44

(a) deduct trade union dues from the wages of its

members; and

(b) pay monies so deducted –

(i) into a specified account of the trade union;

or

(ii) in specified proportions into specified

accounts of a trade union and a federation

of trade unions.

(3) An employer in respect of whom the Minister

has issued an order under subsection (2) shall commence

deducting the trade union dues from an employee’s wages

within thirty days of the trade union serving a notice in

Form S set out in the Third Schedule signed by the

employees in respect of whom the employer is required to

make a deduction.

(4) The Minister may vary an order issued under

this section on application by the trade union.

(5) An order issued under this section, including

an order to vary, revoke or suspend an order, takes effect

from the month following the month in which the notice is

served on the employer.

(6) An employer may not make any deduction

from an employee who has notified the employer in

writing that the employee has resigned from the union.

(7) A notice of resignation referred to in

subsection (6) takes effect from the month following the

month in which it is given.

(8) An employer shall forward a copy of any

notice of resignation he receives to the trade union.


45

Deduction of

agency fees from

unionisable

employees

covered by

collective

agreements.

49.(1) A trade union that has concluded a

collective agreement registered by the Industrial Court

with an employer, group of employers or an employers’

organisation, setting terms and conditions of service for all

unionisable employees covered by the agreement may

request the Minister to issue an order requiring any

employer bound by the collective agreement to deduct an

agency fee from the wages of each unionisable employee

covered by the collective agreement who is not a member

of the trade union.

(2) A request in accordance with sub-section (1)

shall―

(a) be signed by the authorized representatives of

the trade union and employer, group of

employers or employers’ organisation;

(b) supply a list of all employees prepared by the

employer in respect of whom a deduction shall

be made;

(c) specify the amount of the agency fee, which

may not exceed the applicable trade union

dues; and

(d) specify the trade union account into which the

dues shall be paid.

(3) An employer in respect of whom the Minister

has issued an order as specified in subsection (1) shall

commence deducting agency fees from the employees

named in the Minister’s notice within thirty days of

receiving the Minister’s notice.

(4) The Minister may vary an order issued under

this section on application by the trade union and the

employer, group of employers or employers’ organisation

concerned.

(5) A member of trade union covered by a


46

collective agreement contemplated by subsection (1) who

resigns from the union, is immediately liable to have an

agency fee deducted from his wages in accordance with

this section.

(6) If a collective agreement is implemented

retrospectively after registration by the Industrial Court,

the agency fee shall be deducted and paid to the trade

union for the period of retrospective implementation in

accordance with this section.

General provisions

applicable to deductions

50. (1) Any amount deducted in accordance with the

provisions of this Part shall be paid into the designated trade

union, or employers’ organisation account within ten days of

the deduction being made.

(2) The Minister may revoke or suspend a notice

issued in accordance with of this Part if the Minister has

reason to believe that―

(a) the order was obtained by misrepresentation or

fraud;

(b) the money is not being paid into the designated

account; or

(c) the money is being used for a purpose other

than the lawful trade union or federation

activities.

(3) No amount deducted from the wages of an

employee in accordance of this Part may be recovered from

the employer by that employee.

(4) Any amount deducted from the wages of a

member of a trade union by the member’s employer in

accordance with this section discharges the liability of the

member to pay trade union dues.

(5) An employer may set off against any sum

payable to a trade union in accordance with this section, the


47

amount of any money over paid by the employer into the

account designated by the Minister.

(6) No employer shall make a deduction from the

wages of an employee for the purposes of making a payment

to any trade union, except in accordance with the provisions

of this Part.

(7)A trade union or a trade union federation shall

acknowledge receipt of any monies paid to it within fourteen

days of receiving the money.

(8) No employer shall―

(i) fail to comply with an order or a notice

issued under this Part;

(ii) deduct any money and not pay it into the

account designated in the notice issued

by the Minister; or

(iii) pay money into an account other than the

account designated in the notice issued

by the Minister.

(9) No person shall―

(i) request an employer to pay money

deducted in accordance with this section

into an account other than the account

designated by the Minister in the notice;

or

(ii) use any money deducted in accordance

with this section for any purpose other

than the lawful activities of a trade union

or a trade union federation.

(10) An employer or any person who contravenes

the provisions of this section commits an offence.


48

Collection of

levies other than

trade union dues.

51. The Minister may make regulations providing

for the collection from employees and the payment to

trade unions and trade union federations by employers of

sums in respect of levies, subscriptions or payments, other

than trade union dues, for particular purposes or objects

approved by the Minister.

Direct payment of trade union dues.

52. Nothing in this Part prevents a member of a

trade union from paying any dues, levies, subscriptions or

other payments authorised by the constitution of the trade

union directly to the trade union Payments by

members to

employers’

organisations.

53. An employers’ organisation may provide in its

constitution for its members to –

(a) pay subscriptions or levies as a condition of

their membership of the employers’

organisation; and

(b) to charge its members a fee for services

rendered to, and expenses incurred on behalf of

the member.

PART VII � RECOGNITION OF TRADE UNIONS

AND COLLECTIVE AGREEMENTS

Recognition of trade union by

employer.

54.(1) An employer, including an employer in the

public sector, shall recognise a trade union for purposes of

collective bargaining if that trade union represents the

simple majority of unionisable employees.

(2) A group of employers, or an employers’

organisation, including an organisation of employers in the

public sector, shall recognise a trade union for the purposes

of collective bargaining if the trade union represents a

simple majority of unionisable employees employed by the

group of employers or the employers who are members of

the employers’ organisation within a sector.

(3) An employer, a group of employers or an

employer’s organisation referred to in subsection (2) and a


49

trade union shall conclude a written recognition agreement

recording the terms upon which the employer or employers’

organisation recognises a trade union.

(4) The Minister may, after consultation with the

Board, publish a model recognition agreement.

(5) An employer, group of employers or employers’

association may apply to the Board to terminate or revoke a

recognition agreement.

(6) If there is a dispute as to the right of a trade

union to be recognised for the purposes of collective

bargaining in accordance with this section or the

cancellation of recognition agreement, the trade union may

refer the dispute for conciliation in accordance with the

provisions of Part VIII.

(7) If the dispute referred to in subsection (6) is not

settled during conciliation, the trade union may refer the

matter to the Industrial Court under a certificate of urgency.

(8) When determining a dispute under this section,

the Industrial Court shall take into account the sector in

which the employer operates and the model recognition

agreement published by the Minister.

Election of trade union

representatives.

55.(1) Without limiting the matters that may be dealt

with in a recognition agreement, a recognition agreement

shall provide for trade union members in a workplace to

elect from among themselves trade union representatives in

accordance with the constitution of the trade union.

(2) A trade union representative elected under

subsection (1) is entitled to–

(a) represent members in grievance and

disciplinary hearings at the workplace; and

(b) perform any other functions specified in the

recognition agreement or constitution of the

trade union.


50

Trade union

access to

employer’s

premises.

56.(1) Without limiting the matters that may be

dealt with in a recognition agreement, a recognition

agreement shall provide for an employer to grant a trade

union reasonable access to the employers premises for

officials or authorised representatives of the trade union to

pursue the lawful activities of the trade union, including but

limited not to―

(a) recruiting members for the trade union;

(b) holding meetings with members of the trade

union and other employees outside of

working hours;

(c) representing members of the trade unions in

dealings with the employer; and

(d) conducting ballots in accordance with the

constitution of the trade union.

(2) An employer may-

(a) impose reasonable conditions as to the time and

place of any rights granted in this section to

avoid undue disruption of operations or in the

interest of safety; and

(b) require officials or trade union representatives

requesting access to provide proof of their

identity and credentials.

(3) Any dispute concerning the granting of access,

or the conditions upon which access is to be granted, may be

referred to the Industrial Court under a certificate of

urgency.

Collective

agreements. 57(1) An employer, group of employers or an

employers’ organisation that has recognised a trade union in

accordance with the provisions of this Part shall conclude a

collective agreement with the recognised trade union setting

out terms and conditions of service for all unionisable

employees covered by the recognition agreement.


51

(2) For the purpose of conducting negotiations under

subsection (1), an employer shall disclose to a trade union

all relevant information that will allow the trade union to

effectively negotiate on behalf of employees.

(3) All the information disclosed by an employer as

specified in subsection (2) is confidential and shall not be

disclosed by any person to a person who is not engaged in

the negotiations.

(4) An employer is not required to disclose information

that –

(a) is legally privileged;

(b) the employer cannot disclose without

contravening a prohibition imposed on the

employer by any law or an order of any court;

(c) if disclosed, may cause substantial harm to the

employer or employee; or

(d) is private personal information relating to an

employee, unless an employee consents to the

disclosure of that information.

(5) If there is a dispute about what information is

required to be disclosed in accordance with the provisions

of this section, any party to the dispute may, in writing,

refer the dispute to the Minister for conciliation.

(6) If a dispute remains unresolved, after it has been

referred to the Minister under subsection (5), any party to

the dispute may refer the dispute to the Industrial Court

under a certificate of urgency.

(7) In any dispute about an alleged breach of

confidentiality, the Industrial Court may order that the right

to disclosure of information be withdrawn for a period

specified by the court.


52

(8) No person shall disclose any confidential

information disclosed under this section to a person who is

not a party to those negotiations.

Alternative dispute

resolution. 58.(1) An employer, group of employers or

employers’ organisation and a trade union may conclude a

collective agreement providing for―

(a) the conciliation of any category of trade disputes

identified in the collective agreement by an

independent and impartial conciliator appointed

by agreement between the parties; and

(b) the arbitration of any category of trade disputes

identified in the collective agreement by an

independent and impartial arbitrator appointed

by the agreement between the parties.

(2) A party that has referred a dispute to conciliation in

terms of an agreement contemplated in subsection (1) is not

required to refer it to the Minister for conciliation.

(3) An award in an arbitration in terms of a collective

agreement contemplated in subsection (1) is final and

binding and –

(a) is subject to appeal on points of law to any court;

(b) may be set aside by the Industrial Court on any

ground recognised in law; or

(c) may be enforced by the Industrial Court.

(4) An application to review an arbitration award shall

be made to the Industrial Court within thirty days of the

award.

Effect of collective agreements.

59.(1) A collective agreement binds for the period

of the agreement -

(a) the parties to the agreement;


53

(b) all unionisable employees employed by the

employer, group of employers or members of

the employers’ organisation party to the

agreement; or

(c) the employers who are or become members

of an employers’ organisation party to the

agreement, to the extent that the agreement

relates to their employees.

(2) A collective agreement shall continue to be

binding on an employer or employees who were parties to

the agreement at the time of its commencement and includes

members who have resigned from that trade union or

employer association.

(3) The terms of the collective agreement shall be

incorporated into the contract of employment of every

employee covered by the collective agreement.

(4) A collective agreement shall be in writing and

shall be signed by―

(a) the chief executive officer of any employer, the

chief executive or national secretary of an

employers' organisation that is a party to the

agreement or a representative designated by that

person; and

(b) the general secretary of any trade union that is a

party to the agreement or a representative

designated by the general secretary.

(5) A collective agreement becomes enforceable

and shall be implemented upon registration by the Industrial

Court and shall be effective from the date agreed upon by

the parties.

Registration of

collective agreement.

60. (1) Every collective agreement shall be

submitted to the Industrial Court for registration within

fourteen days of its conclusion.


54

(2) The employer or employer’s organisation

which is party to an agreement to be registered under this

section shall submit the agreement to the Industrial Court

for registration.

(3) If an employer or employers’ organisation

fails to submit the collective agreement to the Industrial

Court as specified in subsection (1), the trade union may

submit it.

(4) The Industrial Court may request the parties to

a collective agreement to supply further information or

make oral or written representations to it for the purposes of

this section.

(5) The Industrial Court may register an

agreement-

(a) in the form it was submitted by the parties; or

(b) with any amendment or modification agreed

to by the parties.

(6) The Industrial Court shall not register a collective

agreement that -

(a) conflicts with this Act or any other law; or

(b) does not comply with any directives or

guidelines concerning wages, salary levels

and other conditions of employment issued by

the Minister.

(7) The Industrial Court –

(a) may register a collective agreement within

fourteen days of receiving it;

(b) may refuse to register a collective agreement

unless all parties to the agreement have had an

opportunity to make oral representations to


55

the Industrial Court; and

(c) shall give reasons for refusing to register any

collective agreement.

Terms and

conditions of

service in the

public sector

where there is no

collective bargaining.

61.(1) The Minister may, after consultations with

the Board, make regulations establishing machinery for

determining terms and conditions of employment for any

category of employees in the public sector.

(2) The terms and conditions of employment

determined under subsection (1) shall have the same effect

as a collective agreement registered under this Part and may

be enforced as if it were a collective agreement.

(3) The Minister may –

(a) determine different terms and conditions for

different categories of employees; or

(b) not exercise the powers under this section in

respect of a category of employees who are

represented by a trade union that is entitled to be

recognised in terms of this Part.

PART VIII � DISPUTE RESOLUTION

Reporting of trade disputes to the

Minister.

62.(1) A trade dispute may be reported to the

Minister in the prescribed form and manner –

(a) by or on behalf of a trade union, employer or

employers' organisation that is a party to the

dispute; and

(b) by the authorised representative of an

employer, employers' organisation or trade

union on whose behalf the trade dispute is

reported.

(2) A person reporting a trade dispute shall―


56

(a) serve a copy by hand or registered post on each

party to the dispute and any other person having

a direct interest in the dispute; and

(b) satisfy the Minister that a copy has been served

on each party to the dispute by hand or by

registered post.

(3) A trade dispute concerning the dismissal or

termination of an employee shall be reported to the Minister

within―

(a) ninety days of the dismissal; or

(b) any longer period that the Minister, on good

cause, permits.

(4) If the issue in dispute concerns the redundancy

of one or more employees, a trade union may report a trade

dispute to the Minister at any stage after the employer has

given notice of its intention to terminate the employment of

any employee on grounds of redundancy.

(5) The reporting of a trade dispute by a trade union

under subsection (4) does not prevent an employer from

declaring employees redundant on the expiry of notice of

intention to declare the employees redundant.

Respondent may file replying

statement.

63.(1) Every party to a trade dispute referred to in

section 62 shall file a replying statement in the prescribed

form and manner with the Minister within fourteen days of

receiving a copy of the report of the dispute.

(2) The failure by a party to file a replying statement

does not affect the validity of a referral.

Interested party

may file statement

of interest.

64. Any party which has an interest in any dispute may

file a statement with the Minister within fourteen days of

receiving a copy of the referral.

Minister to appoint

conciliators. 65.(1) Within twenty-one days of a trade dispute being


57

reported to the Minister as specified under section 62, the

Minister shall appoint a conciliator to attempt to resolve the

trade dispute unless―

(a) the conciliation procedures in an applicable

collective agreement binding on the parties

to the dispute have not been exhausted; or

(b) a law or collective agreement binding upon

the parties prohibits negotiation on the issue

in dispute.

(2) The Minister may require any party to a trade

dispute to supply further information for the purpose of

deciding whether to appoint a conciliator.

(3) If the Minister refuses to appoint a conciliator as

specified in subsection (1), the Minister shall supply the

parties to the dispute with written reasons for that decision.

(4) Where a party is aggrieved by a Minister's decision

under this section, that party may refer the matter to the

Industrial Court under a certificate of urgency.

(5) The Minister may consult the Board on any trade

dispute, which has been reported for conciliation.

Persons appointed

to conciliate. 66.(1) A person appointed to conciliate a dispute under

this Part shall be ―

(a) a public officer;

(b) any other person drawn from a panel of

conciliators appointed by the Minister after

consulting the Board; or

(c) a conciliator from the Conciliation and

Mediation Commission.

(2) If the Minister appoints a conciliation


58

committee to conciliate a trade dispute, the Minister shall

appoint―

(a) a chairperson in accordance with subsection

(1);

(b) an even number of persons drawn equally from

lists submitted to the Minister by the employer

and trade union representatives respectively on

the Board; and

(c) the secretary of the conciliation committee.

Conciliator’s

powers to resolve

dispute.

67.(1) The conciliator or conciliation committee

appointed under section 66 shall attempt to resolve the trade

dispute referred to in section 65 (1) within-

(a) thirty days of the appointment; or

(b) any extended period agreed to by parties to the

trade dispute.

(2) For the purposes of resolving any trade dispute,

the conciliator or conciliation committee may -

(a) mediate between the parties;

(b) conduct a fact-finding exercise; and

(c) make recommendations or proposals to the

parties for settling the dispute.

(3) For the purposes of resolving any trade dispute,

the conciliator or conciliation committee may –

(a) summon any person to attend a conciliation;

(b) summon any person who is in possession or

control of any information, book, document or

object relevant to resolving the trade dispute to

appear at the conciliation; or


59

(c) question any person present at a conciliation.

(4) The Minister shall pay the prescribed witness fee

to any person who appears before a conciliator or

conciliation committee in response to a summons issued

under sub-section (3).

(5) No person shall without good cause fail to –

(a) comply with a summons issued under

subsection (3);

(b) produce any book, document or item specified

in a summons issued under subsection (3); or

(c) answer any relevant question asked by a

conciliator or conciliation commission under

subsection (3).

Dispute resolved

after conciliation.

68.(1) If a trade dispute is settled in conciliation the

terms of the agreement shall be―

(a) recorded in writing; and

(b) signed by the parties and the conciliator.

(2) A signed copy of the agreement shall be lodged

with the Minister as soon as it is practicable.

Dispute

unresolved after

conciliation.

69. A trade dispute is deemed to be unresolved after

conciliation if the―

(a) conciliator issues a certificate that the dispute

has not been resolved by conciliation; or

(b) thirty day period from the appointment of the

conciliator, or any longer period agreed to by

the parties, expires.


60

Minister may

appoint conciliator

in public interest.

70.(1) If the Minister is satisfied that it is in the public

interest to prevent a dispute from arising or to resolve a

dispute, the Minister may appoint a conciliator or

conciliation committee to attempt to present a dispute or

resolve the dispute.

(2) The Minister may appoint a conciliator or

conciliation committee under subsection (1) –

(a) in respect of a dispute that -

(i) has not been referred to conciliation; or

(ii) is unresolved after conciliation.

(b) irrespective of whether –

(i) a trade union is a party to the dispute or not;

or

(ii) the dispute is in the public or private sector. Committee of

inquiry. 71. The Minister may appoint a committee of inquiry

to investigate any trade dispute and report to the Minister.

Exercise of powers

of the Minister.

72. The Minister may delegate his powers under this

Part to the Commissioner for Labour or the Chief Industrial

Relations Officer.

PART IX � ADJUDICATION OF DISPUTES

Referral of dispute

to Industrial Court. 73.(1) If a trade dispute is not resolved after

conciliation, a party to the dispute may refer it to the

Industrial Court in accordance with the rules of the

Industrial Court.


(1), if a trade dispute―

(a) is one in respect of which a party may call a

protected strike or lock-out, the dispute may


61

only be referred to the Industrial Court by an

aggrieved party that has made a demand in

respect of an employment matter or the

recognition of a trade union which has not been

acceded to by the other party to the dispute; or

(b) is in an essential service, the Minister may, in

addition, refer the dispute to the Industrial

Court.

(3) A trade dispute may only be referred to the

Industrial Court by the authorised representative of an

employer, group of employers, employers' organisation or

trade union.

Urgent referrals to

Industrial Court. 74. A trade union may refer a dispute to the

Industrial Court as a matter of urgency if the dispute

concerns―

(a) the recognition of a trade union in accordance

with section 62; or

(b) a redundancy where -

(i) the trade union has already referred the

dispute for conciliation under section

62(4); or

(ii) the employer has retrenched employees

without giving notice; or

(c) employers and employees engaged in an

essential service.

Arbitration Act

not to apply.

No. 4 of 1995.

75. The Arbitration Act shall not apply to any

proceedings before the Industrial Court.

PART X � STRIKES AND LOCKOUTS

Protected strikes

and lock-outs. 76. A person may participate in a strike or lock-

out if―


62

(a) the trade dispute that forms the subject of the

strike or lock-out concerns terms and conditions

of employment or the recognition of a trade

union;

(b) the trade dispute is unresolved after conciliation-

(i) under this Act; or

(ii) as specified in a registered collective

agreement that provides for the private

conciliation of disputes; and

(c) seven days written notice of the strike or lock-

out has been given to the other parties and to the

Minister by the authorised representative of –

(i) the trade union, in the case of a strike;

(ii) the employer, group of employers or

employers’ organisation, in the case of a

lock-out.

Powers of

Industrial Court. 77.(1) A party to a dispute that has received notice of a

strike or lock-out may apply to the Industrial Court to

prohibit the strike or lockout as a matter of urgency if –

(a) the strike or lock-out is prohibited under this

Part; or

(b) the party that issued the notice has failed to

participate in conciliation in good faith with a

view to resolving the dispute.

(2) A party that failed to attend any conciliation

meeting may not seek relief under subsection (1)(b).

(3) The Industrial Court may, in granting relief in

respect of any application made under subsection (1)(b),

direct the parties to engage in further conciliation in good

faith with a view to resolving the dispute.


63

Prohibited strikes

or lock-outs. 78.(1) No person shall take part in a strike or lock-out or

in any conduct in contemplation of a strike or lock-out if―

(a) any law, court award or a collective agreement

or recognition agreement binding on that person

prohibits a strike or lock-out in respect of the

issue in dispute;

(b) the subject matter of the strike or lock-out is

regulated by a collective agreement or

recognition agreement binding on the parties to

the dispute;

(c) the parties have agreed to refer the trade dispute

to the Industrial Court or to arbitration;

(d) in the case of a dispute concerning the

recognition of a trade union, the trade union has

referred the matter to the Industrial Court;

(e) the trade dispute was not referred for

conciliation in terms of -

(j) this Act; or

(ii) a collective agreement

providing for conciliation;

(f) the employer and employees are engaged in an

essential service;

(g) the strike or lock-out is not in furtherance of a

trade dispute; or

(h) the strike or lock-out constitutes a sympathetic

strike or lock-out.

(2) For the purposes of this section –

(a) an employee engages in a sympathetic strike if

the employee participates in a strike in support


64

of a trade dispute in respect of which the

employee’s employer –

(i) is not a party to the dispute; or

(ii) is not represented by an employer’s

organisation that is a party to that dispute; or

(b) an employer engages in a sympathetic lock-out

if the employer locks-out an employee in

support of a trade dispute –

(i) to which the employer is not a party; or

(ii) in respect of which the employer is not

represented by an employer’s organisation

that is a party to dispute.

Strike or lock-out

in compliance with this Act.

79.(1) In this Part, a “protected strike” means a strike

that complies with the provisions of this Part and “protected

lock-out” means a lock-out that complies with the provisions

of this Part.

(2) A person does not commit a breach of contract or a

tort by taking part in―

(a) a protected strike or a protected lock-out; or

(b) any lawful conduct in contemplation or

furtherance of a protected strike or a protected

lock-out.

(3) An employer may not dismiss or take disciplinary

action against an employee for participating in a protected

strike or for any conduct in contemplation or furtherance of

a protected strike.

(4) Civil proceedings may not be instituted against any

person for―

(a) participating in a protected strike or a


65

protected lock-out; or

(b) any conduct in furtherance of a protected

strike or protected lock-out.

(5) Subsections (2) (3) and (4) do not apply to any

action that constitutes an offence.

(6) An employer is not obliged to remunerate an

employee for services that the employee does not render

during a protected strike or lock-out.

Strike or lock-out

not in compliance

with this Act.

80.(1) An employee who takes part in, calls, instigates

or incites others to take part in a strike that is not in

compliance with this Act is deemed to have breached the

employee’s contract and―

(a) is liable to disciplinary action; and

(b) is not entitled to any payment or any other

benefit under the Employment Act during the

period the employee participated in the strike.

(2) A person who refuses to take part or to continue to

take part in any strike or lock-out that is not in compliance

with this Act may not be―

(a) expelled from any trade union, employers

organisation or other body or deprived of any

right or benefit as a result of that refusal; or

(b) placed under any disability or disadvantaged,

compared to other members or the trade union,

employers’ organisation or other body as a result

of that refusal.

(3) Any issue concerning whether any strike or lock-out

or threatened strike or lock-out complies with the provisions

of this Act may be referred to the Industrial Court.

Essential services. 81.(1) In this Part “essential services” means a

service the interruption of which would probably endanger


66

the life of a person or health of the population or any part

of the population.

(2) The Minister, after consultation with the Board–

(a) shall from time to time, amend the list of

essential services contained in the Fourth

Schedule ; and

(b) may declare any other service an “essential

service” for the purpose of this section if a

strike or lock-out is so prolonged as to

endanger the life, person or health of the

population or any part of the population.

(3) There shall be no strike or lock-out in an essential

service.

(4) Any trade dispute in a service that is listed as or is

declared to be an essential service may be adjudicated upon

by the Industrial Court.

(5) A collective agreement may provide that any

service may be deemed to be an essential service. PART XI � MISCELLANEOUS PROVISIONS General penalty. 82.(1) The Industrial Court has jurisdiction in respect

of any prosecution for an offence under this Act.

(2) A trade union, employers’ organisation or

federation which is convicted for an offence under this Act

shall be liable to pay a fine not exceeding forty thousand

shillings.

(3) A person who commits an offence under this Act

shall on conviction be liable to a fine not exceeding ten

thousand shillings.

Regulations. 83. The Minister may, after consultations with the

Board, make regulations on any matter for the better


67

carrying out of the provisions of this Act. Repeal of

Cap. 233 and Cap.

234.

84.(1) The Trade Union's Act and the Trade Disputes

Act are repealed.

(2) Transitional provisions dealing with the transition

from the Trade Unions Act and the Trade Disputes Act to

this Act are contained in Fifth Schedule.

FIRST SCHEDULE (S.14, 15)

MATTERS FOR WHICH PROVISION MUST BE MADE IN THE

CONSTITUTION OF TRADE UNION OR EMPLOYERS’ORGANISATION

(1) The name of the trade union or employers’ organisation and

the place of meeting for the business of the trade union or

employers’ organisation.

(2) The whole of the objects for which the trade union is to be

established, the purposes for which the funds thereof shall be

applicable, the conditions under which any member thereof

may become entitled to any benefit assured thereby, and the

fines and forfeitures to be imposed on any member thereof.

(3) The manner of making, altering, amending and rescinding the

constitution.

(4) The appointment or election and removal of an executive, and

of trustees, secretaries, treasurers and other officers of the

trade union or employers’ organisation.

(5) The custody and investment of the funds of the trade union or

employers’ organisation, the designation of the officer or

officers responsible therefor, and the annual or periodical

audit of its accounts.

(6) The inspection of the books and names of members of the

trade union or employers’ organisation by any person having

an interest in the funds of the trade union.


68

(7) The manner of dissolution of the trade union or employers’

organisation and the disposal of the funds thereof available at

the time if the dissolution.

(8) The taking of all decisions in respect of the election of

officials, the amendment of the constitution, strikes, lock-

outs, dissolution and any other matters affecting members of

the trade union or employers’ organisation generally, by

secret ballot.

(9) The right of any member to reasonable opportunity to vote.

(10) The amount of subscription and fees payable by members,

and the discrimination of a member from voting on any

matter concerning the union and from receiving benefits if the

members’ subscription is in arrear.

(11) The conditions under which a person may become an

honorary member.

(12) That the secretary and treasurer of the trade union or

employers’ organisation shall be persons sufficiently literate

in the English or Swahili language to be able adequately to

perform the duties of such office.

FORM A SECOND SCHEDULE

THE LABOUR RELATIONS ACT (S.18)

APPLICATION FOR REGISTRATION OF TRADE

UNION/EMPLOYERS” ORGANISATION/FEDERATION

To: The Registrar of Trade Unions,

Nairobi.

1. We, the several persons whose names are subscribed below being

members of a trade union/employers’ organisation /federation known as ………..………, make application for the registration of the trade

union/employers’ organisation /federation.


69

2. The trade union/employers’ organisation /federation was established on

the ………………………20………………………………………………

3. The name under which it is proposed that the trade union/employers’

organisation /federation shall be registered is ………………………………………………………………

4. (1) The physical address of the registered office of the trade union is at …….……………………………………………….

(2) The postal address of the trade union/employers’ organisation

/federation, to which all communications and notices may be

addressed, is

……………………..……..………………………………….

5. Accompanying this application are sent –

(a) a copy, marked A, of the constitution of the trade union/employers’ organisation /federation;

(b) a list, marked B, of the names, identity certificate numbers,

address and occupations of the members making this application;

and

(c) a list, marked C, of the titles, names, identity certificate numbers,

addresses and occupations of the Officials of the trade


6. We have been duly authorized by the trade union/employers’ organisation /federation to make this application on its behalf, such

authorization consisting of*

………………………………………………………….………………… Dated the …………………………………………………………20……

[Signed]

1. ……………………… 2. ………………………

……………………....

3. ………………………

……………………...

4. ………………………

……………………...

5. ………………………

……………………...

6. ……………………………………………...

7. ………………………

……………………...


70

NOTE. - (a) This application, to which must be affixed revenue

stamps to the value of Sh.20, must be signed by at least

seven members of the trade union/employers’

organisation /federation.

(b) The enclosures referred to in paragraph 5 should be

typewritten or printed.

* In paragraph 6 it must be stated whether the authority to make this

application was given by a “resolution of a general meeting of the trade

union/employers’ organisation /federation or, if not, in what other way it

was given.

FORM B


CERTIFICATE OF REGISTRATION

It is notified that the …………………………………… has been registered under

the Labour Relations Act.

Dated the ………………………., 20 …………………..

……………………………………….

Registrar of Trade Unions

FORM C (S.19)

THE LABOUR RELATIONS ACT

REGISTER

Registry No. ………………

File Ref. …………………..

Name of Trade Union/Employers’ Organisation/Federation

……………………………………………………………….…………….


71

Physical Location of Registered Office

………………………..……………………………………………………

………………………………………………………… (Building, Street/Road)

Postal Address of Registered Office

…………………….………………………………………...

………………………………………………… (Telephone/Fax/e-mail)

Date of

formation

Date of

registration

Date of

cancellation

of

registration

Date of

suspension

of

registration

Period of

suspension

Date of

registration

of

dissolution

Officials, Executive Committee and Trustees

Title Full Name Date of Appointment Date of Removal

Voting Membership as at 31st December of Each Year

Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

Males

Females

Total

FORM D


NOTIFICATION OF REFUSAL OF REGISTRATION

It is notified that the registration of ……………………………………….. as a

trade union/employers’ organisation /federation under the Labour Relations Act

is refused. The grounds of the refusal are as follows –

……………………………………………………………………………………

……………………………………………………………………………………


72

……………………………………………………………………

Dated the …………………………., 20 ………..

………………………………………………. Registrar of Trade Unions

NOTE. – Upon receipt of this notice, reference should be made to section 20 of the Labour Relations Act. Subsection (2) of that section sets out the provisions

which have effect upon the refusal of the Registrar to register a trade


FORM E

THE LABOUR RELATIONS ACT (S 24)

NOTICE OF REGISTERED OFFICE AND POSTAL ADDRESS/

CHANGE OF SITUATION OF REGISTERED OFFICE

OR OF POSTAL ADDRESS

To. The Registrar of Trade Unions,

Nairobi

The* ………………………………………………………………………gives

you notice that –

†the physical address of the registered office of the trade union/employers’

organisation /federation has been changed from …………… to

……………………………………………

†the postal address/telephone/e-mail of the trade union/employers’ organisation

/federation has been changed from changed from ……..……..to

………………………………………...

……………………………………………………………………………………

….

Dated the …………………………………………………., 20…………

[Signed] ……………………………

General Secretary/Secretary General

* Enter name of trade union/employers’ organisation /federation.

† Delete whichever is inapplicable.

NOTE. (a) It is an offence, under section 24 of the Labour Relations Act for

any trade union/employers’ organisation /federation to –(i)operate


73

at any place to which its registered office may have been removed

without having given notice of the change in the situation thereof

to the Registrar; or

(ii) fail to give notice of any change of its postal address.

(b) The notice should be signed by the general secretary of the trade


FORM F


APPLICATION FOR REGISTRATION OF A BRANCH

OF A TRADE UNION/EMPLOYERS’ ORGANISATION/FEDERATION

To: The Registrar of Trade Unions,

Nairobi.

1. I, the General Secretary of the ………………………..………make

application for the registration of the ………………………….. Branch.

2. The Branch was established on the ….. …………20…………….

3. (1) The physical address of the registered office of the Branch is at

…………………………………………………………………

(2) The postal address of the Branch to which all direct

communications and notices may be addressed is

………………………………………………………………

4. Accompanying this application is sent a list marked “A” of the titles,

names in full, ages, addresses and occupations of the Officers/Officials of the Branch.

5. I have been duly authorized by my executive committee to make this

application.

Dated the …………………………., 20 ……………….

Signed ………………………………………………….

General Secretary of …………………..Trade Union/Employers’ Organisation /Federation


74

FORM G


NOTICE OF AMALGAMATION

TO. The Registrar of Trade Unions,

Nairobi.

1. We, the several persons whose names are subscribed below, being the general

secretaries and members of the trade unions/employers’

organisation/federation registered under the names of –

(1) ………………………………………………………………

(2) …………………………………………………………………

(3) …………………………………………………………………

give you notice pursuant to section 26 of the Labour Relations Act that it is proposed to amalgamate together the trade unions/employers’

organisation/federation as one trade union/employers’

organisation/federation under the name of ……………………............

2. Each trade union/employers’ organisation /federation, which is a party to

this amalgamation, has taken a secret ballot among its voting members in

the manner prescribed by its constitution. Signed copies of the certificates

of the results of the ballots are attached hereto.

Dated the …………………………………………., 20……….

……Trade Union/Employers’ …......Trade Union/Employers’ ………Trade Union/Employers’

Organisation/Federation Organisation /Federation Organisation/Federation

[Signed] ……general secretary….…general secretary………general secretary

1. ……………… 1. ……………….. 1. ………………….

2. ………………… 2…………………. 2…………………...

3. ………………… 3. ……………….. 3. ………………….

4. ………………… 4…………………. 4…………………...

5. ………………… 5. ……………….. 5. ………………….

6. ………………… 6…………………. 6…………………...

7. ………………… 7. ……………….. 7. ………………….

NOTE. (a) The certificates referred to in paragraph 2 must be in the prescribed

form – (see the Labour Relations Act, the amalgamation cannot be


75

proceeded with unless, in the case of each trade union, the votes of

at least 50 per cent of the members entitled to vote are recorded at

the ballot and, or the votes recorded, those in favour of the

proposed exceed by 20 per sent or more the votes against the

proposal.

(b) This notice must be signed by the general secretary and seven

members of each trade union/employers’ organisation /federation which is party to the amalgamation.

(c) The amalgamation will not have effect until the Registrar has

registered the trade union/employers’ organisation /federation

formed thereby in the prescribed manner.

FORM H


CERTIFICATE OF AMALGAMATION

It is notified that the ……………………………… has been registered under the

Labour Relations Act on the …………… day of ……20………..

Dated the …………………………………………., 20 ……..

……………………………………….


FORM I (S.27)


NOTICE OF AMENDMENT OF CONSTITUTION OF RULES


Nairobi.

1. We, the several persons whose names are subscribed below, being the

secretary and seven members of the trade union employers’

organisation/federation registered under the name of …….…………give you


76

notice of amendment of the constitution of the aforesaid trade union employers

organisation/federation.

2. With this application are sent -

(a) a copy of the registered constitution of the of the trade

union/employers’ organisation/federation;

(b) a copy, of the amended, signed by the person giving this notice; and

(c) a copy of the minutes of the meeting at which the amendment was

made, certified as true by the chairman of that meeting.

3. We have been duly authorized by the trade union employers’

organisation/federation to give this notice on its behalf, such authorization

consisting of a resolution passed at a general meeting of the trade union

employers’ organisation/federation on the ……………….…., 20 …………

Dated the ……………………………………., 20 …………

[Signed] ……………………


1. ………………………

2. ………………………

3. ………………………

4. ……………………… Members

5. ……………………… 6. ………………………

FORM J


NOTICE OF CHANGE OF NAME

TO: The Registrar of Trade Unions,

Nairobi.

1. We, the several persons whose names are subscribed below, being the

general secretary and seven members of the trade union/employers’

organisation/federation registered under the name of …………………………………give you notice pursuant to section 27 of the

Labour Relations Act that it is proposed to change the name of the trade

union/employers’ organisation /federation to ………………………………


77

2.The proposed change of name has the consent of not less than two-

thirds of the total number of voting members of the trade union/employers’

organisation /federation, such consent having been obtained by secret ballot taken

in accordance with the rules of the trade union/employers’ organisation/federation on the ……………………………, 20 ……………….

Dated the …………………………………, 20 ……….. [Signed] …………………………………………………


1. …………………

2. …………………

3. ………………… Members

4. …………………

5. …………………

6. …………………

NOTE. (a) A trade union/employers’ organisation /federation may

not change its name without the consent of at least two-

thirds of the total number of its voting members, and

such consent must be obtained by secret ballot conducted

in accordance with the rules of the trade


(b) This notice must be signed by the general secretary and

by seven members of the trade union. /employers’ organisation /federation.

(c) The change of name will not have effect until registered by the Registrar.

FORM K


CERTIFICATE OF CHANGE OF NAME

It is notified that the ……………………………… has been registered under the

Labour Relations Act on the ………………… day of …………

Dated the …………………………………………., 20 ………….

……..…………………….



78

FORM L (S.27)


CERTIFICATE OF ALTERATION OF CONSTITUTION

It is certified that the foregoing alteration(s) of the constitution of

the……………. …………………………..has [have] been registered pursuant to section 27 of the

Labour Relations Act.

Dated the …………………………………., 20 …………..

[Signed] …………………………………………………….


NOTE: (a) Two copies of this notice (with enclosures) must be sent to the

Registrar within fourteen days of any alteration of the constitution.

(b) This notice must be accompanied by the prescribed registration fee.

(c) Alterations in the constitution of a trade union/employers’

organisation /federation have effect from the date of registration

thereof by the Registrar unless some later date is specified in the

rules.

FORM M


NOTICE OF INTENTION TO SUSPEND OR CANCEL REGISTRATION

OF A TRADE UNION/EMPLOYERS’ ORGANISATION /FEDERATION

To: ………………………

………………………

I give you notice, pursuant to section 28 of the Labour Relations Act, that on the

expiry of three months from the date thereof I propose to suspend/ cancel the

registration of ………………………….as a trade union/employers’ organisation

/federation under the Act unless, before the expiration of that period, cause is

shown to my satisfaction why the registration should not be suspended/ cancelled.

The grounds on which I propose to suspend/ cancel the registration are –

……………………………………………………………………………………

……………………………………………………………………………………


79

……………………………………………………………………………………

……….

Dated the …………………………….. 20 ……………………..

……………………………………..


FORM N


ORDER OF SUSPENSION/ CANCELLATION OF REGISTRATION

It is notified that the registration of ……………………………………….. as a trade union/employers’ organisation /federation under the Labour Relations Act

be and is hereby suspended/ cancelled and the grounds of the suspension/

cancellation are as follows –

(a) ………………………………………………………………

(ii)……………………………………………………………….

(iii)…………………………………………………………………

Dated the ……………………………….…, 20…………………..

……………………………… Registrar of Trade

Unions

NOTE. - Upon service of this order, reference should be made to section

23 of the Labour Relations Act, which sets out the provisions which have effect

upon the suspension or cancellation of registration of a trade union/employers’

organisation /federation.

FORM O


NOTICE OF DISSOLUTION


80


Nairobi.

Notice is given that the * …………………………………………….. was dissolved

in pursuance of the rules on the ……………………., 20…………

Dated the ………………………………………………., 20 ………….

7. …………………

8. …………………

9. ………………… Members

10. …………………

11. …………………

6. …………………

Name and address to which registered copy is to be returned…………….. ……………………………………………………………………………..

* Enter name of trade union/employers’ organisation /federation

NOTE. (a) Two copies of this notice, signed by the secretary and by

seven members of the trade union, must be sent to the

Registrar within fourteen days of the dissolution.

(b) The dissolution of a trade union/employers’ organisation /federation has effect from the date of its registration by

the Registrar.

FORM P


CERTIFICATE OF DISSOLUTION

It is certified that the dissolution of the ………………………………..has this

day been registered pursuant to section 29 of the Labour Relations Act.

Dated the ……………………………………., 20 …………..

[Signed] ……………………………………….



81

FORM Q


NOTICE OF CHANGE OF NAMES OR TITLES OF

OFFICERS/OFFICIALS

To: The Registrar of Trade Unions, Nairobi.

The * …………………………………………………………….. gives you notice that the names [titles] of the Officials of the trade union/employers’

organisation /federation specified in the first column hereunder have been altered

to those specified in the second column, with effect from the date specified in the third column.

Old name and title New name and title Effective date of

alteration

Dated the …………………………………………….., 20………….

[Signed] ……………………………………………………


*Enter name of trade union/employers’ organisation /federation

NOTE (a) Notice of all changes of Officers/Officials or of the title of any

officer/official must be sent to the Registrar within fourteen days after such change.

(b) This notice must be signed by the secretary of the trade union

/employers’ organisation /federation and must be accompanied by

the prescribed registration fee.


82

FORM R

THIRD SCHEDULE (S 42)


THE GENERAL STATEMENT OF STATUS OF TRADE

UNION/EMPLOYERS’ ORGANISATION /FEDERATION AND ITS

ACCOUNTS

Annual Return of …………….. for the year ended 31st December, 20 …..

Particulars of the Trade Union/Employers’ Organisation /Federation

1. Physical location of registered office ………………………………………………………………………

………………………………………………………………………

2. Postal address

……………………………………………………………………………

………………………………………………………………

3. Has the trade union/employers’ organisation /federation any branches? If

so, state the situation of, and number of members in, each branch

……………………………………………………………………………

………………………………………………………………… 4. In what trade or calling are the members of the trade union/employers’

organisation /federation chiefly employed?

…………………………………………………………………………………………………………………………………………………………

……………………………………………………………

5. Total number of male voting members at 31st December, 20……

Total number of female voting members at 31st December 20 ……

Total

*Enter name of trade union/employers’ organisation /federation.


83

PARTICULARS OF THE OFFICER/OFFICIALS AND EXECUTIVE

COMMITTEE OF THE TRADE UNION AS AT 31ST DECEMBER, 20 ……

Title of

officer/official

Name in full Address Date of

appointment

It is certified as follows –

(a) none of the above-mentioned officer/officials has been convicted of any crime involving fraud or dishonesty;

(b) none of the above-mentioned officer/officials is an officer/official of

any other trade union/employers’ organisation /federation;

(c) all the above-mentioned officials (except the secretary and

…………………………………………………………….)

are actually engaged in the industry or occupation of ……..

…………….. with which this trade union/employers’ organisation

/federation is directly concerned, the said

…………………………………………………having become office bearers on the ……………..………., 20 …….. with the permission

of the Registrar pursuant to section 34 of the Act.

PARTICULARS OF TRUSTEES

Name in full Address Date of appointment

PARTICULARS OF ASSETS AS PER THE TRUSTEES

Title No. Description Date of

Acquisition

Current Status


84

INCOME AND EXPENDITURE ACCOUNT FOR THE YEAR ENDED

31ST DECEMBER, 20…..

INCOME EXPENDITURE

(1) Members’ contributions

(including those of branch members):

(a) subscriptions (b) entrance fees

(c) other contributions

from members (to

be specified)

…………………………….

…………………………….

…………………………….

(2) Bank interest:

(3) Miscellaneous income

(to be shown in detail):

…………………………

…………………………

…………………………

Total

Balance brought forward

from previous year

TOTAL

Sh.

cts.

(1) Benefits paid to

members. (2) Working expenses

(a) head office

(b) branches (3) Other expenditure (to

be specified)

……………………………..

……………………………..

……………………………..

(4) Balance of general funds at the end of

the year

TOTAL

Sh. Cts.


85

BALANCE SHEET AS AT 31ST DECEMBER, 20……..

LIABILITIES ASSETS

Sh.

cts. Sh. cts.

AUDITOR’S REPORT

The undersigned, having had access to all the books and accounts of the trade

union/employers’ organisation /federation (including its branches), and having examined the Annual Return and verified the same with the accounts and

vouchers relating thereto, now sign the same as found to be correct, duly

vouched, and in accordance with law.

…………………………………… ………………………

[Signature of First Auditor] [Signature of Second Auditor]

Address …………………………………… Address ……………………

…………………………………………….. …………………….

Profession ……………………… Profession ………


86

Date of completion of audit ……………………………………., 20 …………

Dated the ………………………………………………………...,20 ………..

[Signed] ………………….General Secretary/Secretary General

TO. The Registrar of Trade Unions,

Nairobi.

NOTE (a) This return is required to be furnished to the Registrar by the

General Secretary of every registered trade union/employers’

organisation /federation on or before the first day of April of the

year immediately following that in respect of which the return is

rendered.

(b) This return should be accompanied by-

(i) a copy, marked A, of the constitution of the trade union in force at the end of the year;

(ii) a copy, marked B, of all alterations and amendments of

the constitution, made during the year; and

(iii) a list, marked C, of all changes of officer/officials made

during that year.

FORM S (s.48)

NOTICE TO EMPLOYER AUTHORIZING DEDUCTIONS

To ................................................... ...................................................

1. In pursuance of an order made with effect from ...................................... by

the Minister under section 48 of the Labour Relations Act, I, on behalf of

the .................................. (trade union), hereby request you to deduct from the wages of the employees listed in this Notice, being employees who

have acknowledged membership of the ................ (trade union), the sum of

shillings ............... monthly as their current trade union dues.

2. The total amount of deduction so made is required to be proportioned and

transmitted as follows:


87

(a) ......... per cent thereof to the ............. (trade union) by crossed cheque

made payable into the ............ account of that trade union at the

................Bank.

(b) .............. per cent thereof to the ............... (federation) by crossed

cheque made payable into the .................. account of that federation at the ............... Bank.

3. (1) The remittances should be made, and notices thereof should be delivered,

not later than the ........... day of the month next after the month in respect of

which the deductions are made.

(2) Notices of remittances should be delivered to the ..............(trade

union) at ................. (address), and to the ..............(federation) at

................... (address).

(3) The above-named trade union and federation are required by

Section 50 of the Labour Relations Act to deliver a receipt for

every remittance within fourteen days of receipt of notice of such

remittance.

(4) The employer to whom this notice is addressed is required to make

returns to the Registrar of Trade Unions of all payments made

hereunder, in accordance with the order of the Minister.

4. This notice applies to employees' wages payable by you at the end of the

month next following the month shown in the date hereof.

Date .............................. 20 .....

.......................................

Secretary-General

............. ...... ..... Trade union

COPY TO:

Registrar of Trade Unions,

P. 0. Box 30031,

Nairobi.

Employees in respect of whom deductions from wages are required


88

to be made

We, the undersigned, hereby acknowledge that we are members of the

..................... (trade union):

Union Membership

Number

Name of Members Signatures Date

FOURTH SCHEDULE (S 81)

ESSENTIAL SERVICES

1. Water Supply Services

2. Hospital Services 3. Air Traffic Control Services and Civil Aviation Telecommunications Services

4. Fire Services of the Government or Public Institutions

5. Posts Authority and Local Government Authorities 6. Ferry Services

FIFTH SCHEDULE (S 84)

TRANSITIONAL PROVISIONS

Existing trade unions,

1.(1)A trade union, employers organisation or federation registered under the Trade Unions Act before the


89

employers

organisations

and federations.

commencement of this Act, shall be deemed to be registered

under this Act.

(2) As soon as practical after the commencement of

this Act, the Registrar shall –

(a) enter the names of existing trade unions,

employers organisations and federations into the registers as specified in section 19 of this Act;

(b) issue a certificate of registration in accordance

with section 19 of this Act.

(3) If any provision of a constitution of a trade union,

employers’ organisations or federation does not comply with the

requirements of this Act, the trade union, employers

organisation or federation shall amend its constitution and

submit the amendments to the Registrar within six months of the commencement of this Act.

(4)The provisions of section 19 of this Act apply to an

amendment made under subparagraph (3).

Pending

application for

registration.

2. (1) Any pending application for registration, alteration of

the name of a constitution, or amalgamation shall be deemed to

have been made under this Act.

(2) When dealing with an application referred to in

paragraph (1), the Registrar may require the applicant to amend

its application in order to comply with the provisions of1 this Act.

(3) Any collective agreement registered by the Industrial Court prior to the commencement of this Act and still

in effect at the commencement of this Act is deemed to have

been registered in terms of this Act and shall be have the status

of a registered collective agreement under this Act.

(4) Where any of the following matters commenced

before the commencement of this Act, the matters shall be

determined in a accordance with the provisions of the Trade

Disputes Act (now repealed)

(a) any trade dispute that arose before the

commencement of this Act;


90

(b) any trade dispute referred to the Industrial

Court before the commencement of this Act;

(c) any revision or interpretation of an award by the Industrial Court; and

(d) any summary dismissal that took place before the commencement of this Act;

Documents

LABOUR RELATIONS ACT 2007 vellum - Ministry of Health€¦ · The Labour Relations Act, 2007 1 THE LABOUR RELATIONS ACT, 2007 ARRANGEMENT OF SECTIONS Section ... “Industrial Relations